HB241 Alabama 2021 Session

Summary

Primary Sponsor

Mike Holmes

Republican

Co-Sponsors

Charlotte MeadowsChris SellsGinny ShaverAndrew Sorrell

Session

Regular Session 2021

Title

State Health Officer, order issued in response to outbreak of a disease has full force of law if approved by Governor and filed with Secretary of State in state of emergency, Secs. 22-2-8, 31-9-8, 31-9-13 am'd.

Description

Under existing law, a state of emergency may be declared by the Governor by proclamation or by the Legislature by joint resolution. A state of emergency terminates after 60 days unless extended by proclamation of the Governor or joint resolution of the Legislature.

This bill would provide that a state of emergency terminates after 14 days and may be extended only by joint resolution of the Legislature or, if the Legislature is not in session, by joint proclamation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

This bill would provide that an order or directive issued by the State Health Officer relating to the outbreak of a disease or pandemic has the full force and effect of law once it is approved by the Governor and a copy is filed with the Office of the Secretary of State.

This bill would provide that the President Pro Tempore of the Senate, in addition to the Lieutenant Governor and Speaker of the House of Representatives, may request in writing that the Governor call the Legislature into special session upon proclamation of a state of emergency.

Also under existing law, during a state of emergency, the Governor may file with the Secretary of State an order or other directive that has the effect of suspending a law, ordinance, rule, or regulation once the Governor files the directive with the Secretary of State.

This bill would require the Governor to provide a copy of a directive having the effect of suspending a law to the President Pro Tempore of the Senate and the Speaker of the House of Representatives 48 hours before the directive may take effect, with exceptions when the Governor determines delaying the effect of a directive may result in an imminent threat to human life.

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Subjects

State Health Officer